Legal Opinion
State Ex Rel. Berger v. McCarthy
Arizona Supreme Court
Decided April 19, 1976No. 12531PublishedCited by 15 opinions
1Opinion of the Court
HOLOHAN, Justice.
The state by special action challenges the decision of the Superior Court of Maricopa County, declaring A.R.S. § 36-1043 unconstitutional. This Court accepted jurisdiction to resolve this important issue.
The material facts necessary for a determination of this issue are not in dispute and are summarized as follows:
On August 20, 1975, a 1965 Buick automobile belonging to respondent was seized by officers of the Phoenix Police Department for the transportation of a narcotic drug, heroin. Sixty-one days later the Police Department filed a Notice of Seizure of Vehicle and…
2Cases cited8 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Armstrong v. ManzoSupreme Court of the United States · 1965
- Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
- Chisholm v. Bewley MillsTexas Supreme Court · 1956
- In Re One 1965 Ford MustangArizona Supreme Court · 1970
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Verska v. Saint Alphonsus Regional Medical CenterIdaho Supreme Court · 2011
- Kopp v. Fair Political Practices CommissionCalifornia Supreme Court · 1995
- State, Department of Law Enforcement v. One 1955 Willys Jeep, V.I.N. 573481691Idaho Supreme Court · 1979
- Brewer v. BurnsArizona Supreme Court · 2009
- State v. Book-Cellar, Inc.Court of Appeals of Arizona · 1984
10 more not listed; retrieve them via the Exa API.